Regulations last checked for updates: Jan 30, 2025

Title 40 - Protection of Environment last revised: Nov 08, 2025
§ 99.43 - How are the emissions qualifying for regulatory compliance exemption in the reporting year quantified?

(a) If the WEC applicable facility qualified for regulatory compliance exemption pursuant to § 99.41(d) for the entire reporting year, the quantity of methane emissions attributable to the regulatory compliance (ERCE,CH4) is equal to the total facility applicable emissions calculated using equation B-6 of this part. For WEC applicable facilities in the onshore petroleum and natural gas production or onshore petroleum and natural gas gathering and boosting industry segments, as those industry segment terms are defined in § 98.230 of this chapter, the WEC applicable facility shall be considered to have qualified for the regulatory compliance exemption pursuant to § 99.41(d) for the entire reporting year if each well-pad site or gathering and boosting site, as applicable, located at the WEC applicable facility qualified for regulatory compliance exemption pursuant to § 99.41(d) for the entire reporting year.

(b) If the WEC applicable facility qualified for regulatory compliance exemption pursuant to § 99.41(d) for only part of the reporting year or for only a portion of sites for WEC applicable facilities in the onshore petroleum and natural gas production or onshore petroleum and natural gas gathering and boosting industry segments, as those industry segment terms are defined in § 98.230 of this chapter, calculate the qualifying emissions according to the method in paragraph (b)(1) or (2) of this section, as applicable.

(1) If the WEC applicable facility is in the onshore petroleum and natural gas production or onshore petroleum and natural gas gathering and boosting industry segment, as those industry segment terms are defined in § 98.230 of this chapter, calculate the emissions qualifying for regulatory compliance exemption using equation D-1A of this section. If the result of equation D-1A of this section is less than 0 mt CH4, the emissions qualifying for regulatory compliance exemption are equal to 0 mt CH4.

Where: ERCE,CH4 = The quantity of methane emissions, as determined in subpart D of this part, at the WEC applicable facility qualifying for regulatory compliance exemption subject to the applicability provisions of § 99.41, mt CH4. ETFA,CH4 = The annual methane emissions equal to, below, or exceeding the waste emissions threshold for a WEC applicable facility prior to consideration of any applicable exemptions (i.e., total facility applicable emissions) as determined in equation B-6 of § 99.21, mt CH4. M = Total number of sites that did not qualify for regulatory compliance exemption for the entire calendar year. ENCS,i = The total methane emissions reported pursuant to § 99.7(b)(2)(ix) for the reporting year, excluding methane emissions from other large release events reported pursuant to § 98.236(y)(10) of this chapter, for each well-pad or gathering and boosting site that did not qualify for regulatory compliance exemption for the entire year, i, mt CH4. Tj = Time that the site, i, qualified for regulatory compliance exemption as reported pursuant to § 99.42(h), in calendar quarters. 4 = Number of calendar quarters per year. N = Total number of other large release events reported pursuant to § 99.42(e) for the reporting year for the well-pad or gathering and boosting site that did not qualify for regulatory compliance exemption for the entire year, i. ENCS-OLRE,j = The methane emissions from each other large release event that occurred during or overlapped with a calendar quarter in which the well-pad or gathering and boosting site that did not qualify for regulatory compliance exemption, j, for each well-pad or gathering and boosting site that did not qualify for regulatory compliance exemption for the entire year, i, mt CH4 TOLRE-RCE,j = Duration of the other large release event, j, that occurred during periods of time in which the WEC applicable facility did not qualify for regulatory compliance exemption as reported pursuant to § 99.42(e), in days. TOLRE,j = Duration of the other large release event, j, based upon the value pursuant to § 98.236(y)(4) of this chapter, in days. For purposes of this part, the duration of the other large release event includes each calendar day during which the release occurred, inclusive. EOtherExempt = The total quantity of methane emissions that qualified for exemption under both the regulatory compliance exemption and another exemption, as determined using equation D-2A of this section, for the reporting year, mt CH4.

(2) If the WEC applicable facility is in an industry segment other than the onshore petroleum and natural gas production or onshore petroleum and natural gas gathering and boosting industry segment, as those industry segment terms are defined in § 98.230 of this chapter, calculate the emissions qualifying for regulatory compliance exemption using equation D-1B of this section. If the result of equation D-1B of this section is less than 0 mt CH4, the emissions qualifying for regulatory compliance exemption are equal to 0 mt CH4.

Where: ERCE,CH4 = The quantity of methane emissions, as determined in subpart D of this part, at the WEC applicable facility qualifying for regulatory compliance exemption subject to the applicability provisions of § 99.41, mt CH4. ETFA,CH4 = The annual methane emissions equal to, below, or exceeding the waste emissions threshold for a WEC applicable facility prior to consideration of any applicable exemptions (i.e., total facility applicable emissions) as determined in equation B-6 of § 99.21, mt CH4. EWAF = The total methane emissions reported pursuant to § 99.7(b)(2)(ix) for the reporting year, excluding methane emissions from other large release events reported pursuant to § 98.236(y)(10) of this chapter, for the WEC applicable facility, mt CH4. T = Time that the WEC applicable facility qualified for regulatory compliance exemption as reported pursuant to § 99.42(h), in calendar quarters. N = Total number of other large release events reported pursuant to § 99.42(e) for the reporting year for the WEC applicable facility. EWAF-OLRE,j = The methane emissions from each other large release event that occurred during or overlapped with a calendar quarter in which the WEC applicable facility did not qualify for regulatory compliance exemption, j, for the reporting year for the WEC applicable facility, mt CH4. TOLRE-RCE,j = Duration of the other large release event, j, that occurred during periods of time in which the WEC applicable facility did not qualify for regulatory compliance exemption as reported pursuant to § 99.42(e), in days. TOLRE,j = Duration of the other large release event, j, based upon the value pursuant to § 98.236(y)(4) of this chapter, in days. For purposes of this part, the duration of the other large release event includes each calendar day during which the release occurred, inclusive. EOtherExempt = The total quantity of methane emissions that qualified for exemption under both the regulatory compliance exemption and another exemption, as determined using equation D-2B of this section, for the reporting year, mt CH4.

(c) If the WEC applicable facility qualified for regulatory compliance exemption pursuant to § 99.41(d) for only part of the reporting year and qualified to claim for exemption emissions under § 99.30 and/or § 99.50, the total quantity of methane emissions that qualified for exemption under both the regulatory compliance exemption and another exemption must be calculated according to the applicable method in paragraph (c)(1) or (2).

(1) If the WEC applicable facility is in the onshore petroleum and natural gas production, as that industry segment term is defined in § 98.230 of this chapter, equation D-2A must be used to calculate the quantity of methane emissions that qualified for exemption under both the regulatory compliance exemption and another exemption.

Where: EOtherExempt = The total quantity of methane emissions that qualified for exemption under both the regulatory compliance exemption and another exemption for the reporting year, mt CH4. M = Total number of well-pad sites that qualified for regulatory compliance exemption for the entire calendar year. EDelay,CS,i = The quantity of methane emissions exempted due to an unreasonable delay in environmental permitting of gathering or transmission infrastructure, as determined in equation C-4 of § 99.32(c), at the WEC applicable facility from a well-pad site, i, that qualified for regulatory compliance exemption for the entire year, mt CH4. EPlug,CS,i = The quantity of methane emissions exempted due to wells that were permanently shut-in and plugged, as determined in equation E-7 of § 99.52(c), at the WEC applicable facility from a well-pad site, i, that qualified for regulatory compliance exemption for the entire year, mt CH4. N = Total number of well-pad sites that did not qualify for regulatory compliance exemption for the entire calendar year. EPlug,NCS,j = The quantity of methane emissions exempted due to wells that were permanently shut-in and plugged, as determined in equation E-7 of § 99.52(c), at the WEC applicable facility from a well-pad site, j, that did not qualify for regulatory compliance exemption for the entire year, mt CH4. Tj = Time that the site, j, at the WEC applicable facility qualified for regulatory compliance exemption as reported pursuant to § 99.42(h), in calendar quarters. EDelay,NCS,j = The quantity of methane emissions exempted due to an unreasonable delay in environmental permitting of gathering or transmission infrastructure, as determined in equation C-4 of § 99.32(c), at the WEC applicable facility from a well-pad site, j, that did not qualify for regulatory compliance exemption for the entire year, mt CH4. TDelay-RCE,j = Duration of time during the reporting year that an eligible delay limited the offtake of increased volume associated with methane emissions mitigation activities that occurred during periods of time in which the well-pad site, j, at the WEC applicable facility qualified for regulatory compliance exemption, in days. Determine this value using the beginning and ending dates for the eligible delay as reported pursuant to § 99.31(b)(8) and the calendar quarters that the well-pad site, j, at the WEC applicable facility qualified for regulatory compliance exemption as reported pursuant to § 99.42(d). TDelay = Duration of time during the reporting year that an eligible delay limited the offtake of increased volume associated with methane emissions mitigation activities, in days. Determine this value using the beginning and ending dates for the eligible delay as reported pursuant to § 99.31(b)(8), inclusive.

(2) If the WEC applicable facility is in an industry segment other than the onshore petroleum and natural gas production industry segment, as that industry segment term is defined in § 98.230 of this chapter, equation D-2B must be used to calculate the quantity of methane emissions that qualified for exemption under both the regulatory compliance exemption and another exemption.

Where: EOtherExempt = The total quantity of methane emissions that qualified for exemption under both the regulatory compliance exemption and another exemption for the reporting year, mt CH4. EPlug,CH4 = The total quantity of methane emissions, as determined in equation E-7 of § 99.52(c), at the WEC applicable facility attributable to all wells that were permanently shut-in and plugged during the reporting year meeting the applicability provisions of § 99.50, mt CH4. T = Time that the WEC applicable facility qualified for regulatory compliance exemption as reported pursuant to § 99.42(d), in calendar quarters EDelay,CH4 = The quantity of methane emissions exempted, as determined in equation C-1 of § 99.32(c), at the WEC applicable facility due to an unreasonable delay in environmental permitting of gathering or transmission infrastructure meeting the applicability provisions of § 99.30, mt CH4. TDelay-RCE = Duration of time during the reporting year that an eligible delay limited the offtake of increased volume associated with methane emissions mitigation activities that occurred during periods of time in which the WEC applicable facility qualified for regulatory compliance exemption, in days. Determine this value using the beginning and ending dates for the eligible delay as reported pursuant to § 99.31(b)(8) and the calendar quarters that the WEC applicable facility qualified for regulatory compliance exemption as reported pursuant to § 99.42(d). TDelay,j = Duration of time during the reporting year that an eligible delay limited the offtake of increased volume associated with methane emissions mitigation activities, in days. Determine this value using the beginning and ending dates for the eligible delay as reported pursuant to § 99.31(b)(8), inclusive.

(d) If the WEC applicable facility did not qualify for regulatory compliance exemption pursuant to § 99.41(d) for any portion of the reporting year, the quantity of methane emissions attributable to the regulatory compliance exemption (ERCE,CH4) is equal to 0.

source: 89 FR 91165, Nov. 18, 2024, unless otherwise noted.
cite as: 40 CFR 99.43